The Workers Rehabilitation and Compensation Corporation v Philip Player and Kenneth Wayne Clarke No. SCGRG 93/1721/22 Judgment No. 4588 Number of Pages 4 Workers' Compensation

The Workers Rehabilitation and Compensation Corporation has appealed a decision of the Workers Compensation Appeal Tribunal, which determined that certain payments made to Philip Player and Kenneth Wayne Clarke should be included in the calculation of their average weekly earnings for the purpose of workers' compensation. The respondents were drivers employed by a contractor at the Broken Hill Associated Smelters in Port Pirie, and they were required to shower after their shifts due to lead contamination. Their award entitled them to a paid period of 15 minutes for showering, and they became entitled to weekly payments due to total incapacity following their injuries. The primary issue before the court was whether the remuneration for the 15-minute shower period should be considered a "site allowance" under the Workers Rehabilitation and Compensation Act, and thus disregarded in the calculation of average weekly earnings.

The court considered the nature and purpose of the "site allowance" as defined in the Act and the common understanding of the term in industrial awards and agreements. The tribunal had found that the term "site allowance" was typically used in relation to building or construction sites and was meant to compensate for unusual or extraordinary conditions that were temporary in nature. The court agreed with this interpretation, noting that the entitlement in question was a regular component of the respondents' earnings due to the permanent nature of the location and ongoing environmental hazard. Consequently, the court held that the additional remuneration for the showering period should not be disregarded in the calculation of average weekly earnings. The appeal was dismissed, and the original decision of the tribunal was upheld.

The final orders of the court were that the appeal by the Workers Rehabilitation and Compensation Corporation was dismissed, and the decision of the Workers Compensation Appeal Tribunal was affirmed. The respondents were entitled to include the remuneration for the 15-minute shower period in the calculation of their average weekly earnings for the purposes of workers' compensation.